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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
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Experience:  10 years experience
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Im trying to figure out how to correctly fill out a form

Customer Question

Customer: Im trying to figure out how to correctly fill out a form 1310. We have filed the 1310 several times and the IRS keeps saying it is incomplete.
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes. The Estate Representative was appointed using a small estate affidavit.
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Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

Hi,

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I hold a JD (Juris Doctorate, a doctoral degree in the law), concentration in Tax Law & Corporate law, an MBA (specialization in finance & tax), and BBA from mercer University’s Stetson School of Business and Economics, as well as CFP® and CRPS designations. I can help here

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You'll have to give me a little more information.

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Some of the more common issues...

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For example, only certain people related to the decedent are eligible to make this claim. ...

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Proof and filing requirements vary based on your relationship to the decedent. Surviving spouses who filed a joint return with the decedent or personal representatives who have been appointed by the court after the decedent's death, for example, are exempt from filing Form 1310 in most cases.

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Also, if you're not the surviving spouse or a court-appointed personal representative of the decedent, the IRS may ask for proof of death.

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Can you tell me more? Are they indicating what's incomplete?

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